State Ex Rel. Adams v. Superior Court

(dissenting in part)—I agree with the majority that the provision in the interlocutory decree that relator should pay fifty dollars per month to his former wife until a total sum of two thousand dollars had been so paid constituted an award of alimony and not a money judgment.

However, I cannot agree that the trial court had no jurisdiction to award alimony because there was no prayer for alimony in the complaint. In my opinion, divorce actions are not governed by the general rule applicable to other types of actions to the effect that the relief to be granted is limited to that prayed for in…